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Home My WebLink About19-158RESOLUTION 2019-158 File No. CU 3201915497 A RESOLUTION GRANTING FPL PELICAN SOLAR ENERGY CENTER A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A 74.5 MW PHOTOVOLTAIC SOLAR GENERATION CENTER IN THE AG -5, (AGRICULTURAL - 5) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to findings in the staff report and traffic analysis review, has made the following determinations: Florida Power & Light Company presented a petition for a Conditional Use Permit to allow for the construction and operation of a 74.5 MW Photovoltaic Solar Generation Center in the AG -5 (Agricultural — 5) Zoning District for the property located at 6201 Minute Maid Road as legally described in Paragraph C and depicted on the attached map as Exhibit "A". 2. On June 20, 2019 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within five hundred (500) feet of the subject property, and recommended that the Board of County Commissioners approve request for a Conditional Use Permit. 3. On August 13, 2019, this Board held a public hearing on the petition, after publishing a notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 4. Section 11.07.01C of the St. Lucie County Land Development Code providing that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of all of the Board of County Commissioners. j 5. The proposed Conditional Use Permit is consistent with the goals, objectives, and standards of the St. Lucie County Comprehensive Plan and has satisfied the requirements of 7.10.28 Solar Energy of the St. Lucie Land Development Code. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Resolution No. 2019-158 SAINT LUCIE COUNTY CU 3201915497 FILE # 4610474 08/27/2019 01:07:22 PM Page 1 OR BOOK 4313 PAGE 2087 - 2092 Doc Type: RESO RECORDING: $52.50 6. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, landscaping screening. 7. The proposed Conditional Use, with conditions therein, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The foregoing findings are hereby approved and adopted by the Board of County Commissioners of St. Lucie County, Florida: B. Pursuant to Section 11.07.03 Conditional Uses and Section 7.10.28 Solar Energy by the Board of County Commissioners, the Conditional Use Permit for Florida Power and Light Company for the project known as FPL Pelican Solar Energy Center, as shown on the drawings for the project prepared by Culpepper and Terpening, Inc. dated April 24, 2019 and date stamped received by the Planning and Development Services Department on April 24, 2019, is hereby approved for the property described in Paragraph C, subject to the following conditions. 1. The conditional use improvements and operational areas shall be consistent with Resolution No. 2019-161 authorizing Major Site Plan approval in accordance to Section 11.02.07 Standards for Site Plan of the St. Lucie County Land Development Code. 2. Prior to issuance of a Vegetation Removal or Exemption, updated specific species surveys shall be provided, including but not limited to gopher tortoises, per appropriate state and federal protocols. 3. Prior to issuance of a Vegetation Removal or Exemption, the applicant shall provide written correspondence from the U.S. Fish and Wildlife Service stating any potential impacts to listed species have been resolved and no formal consultation is required. 4. Within 180 days of site plan days of approval, the applicant shall begin eradicating all Category I invasive plants with the objective of having completed this requirement within (1) year in accordance to Section 7.09.05 of the St. Lucie Land Development Code. Resolution No. 2019-158 CU 3201915497 Page 2 C. Legal Description: The property on which this Conditional Use Permit is being granted is described as follows: (AS FURNISHED BY CHICAGO TITLE INSURANCE AGENCY, INC. COMMITMENT NUMBER 40463) BLOCKS 15, 16, 17, 18, 19 AND 20, AGRICULTURE PLAT OF FLORIDA MAID CITRUS GROVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 1, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS BEING A PORTION OF SECTIONS 6 AND 7, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 7, TOWNSHIP 34 SOUTH, RANGE 38 EAST; THENCE RUN N00°43'31"E ALONG THE EAST LINE OF SAID SECTION 7 (ALSO BEING THE EAST LINES OF BLOCK NUMBERS 13 AND 14 OF SAID PLAT BOOK 13, PAGE 1, A DISTANCE OF 2534.64 FEET TO THE SOUTHEAST CORNER OF BLOCK NUMBER 15 OF SAID PLAT BOOK 13, PAGE 1 AND THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE RUN N87040'24"W ALONG THE SOUTH LINE OF SAID BLOCK NUMBER 15 A DISTANCE OF 5388.60 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK NUMBER 15, SAID POINT ALSO BEING ON THE WEST LINE OF SAID SECTION 7; THENCE RUN N01°28'47"E ALONG THE WEST LINE OF SAID SECTION 7 (ALSO BEING THE WEST LINES OF SAID BLOCK NUMBER 15 AND BLOCK NUMBER 16 OF SAID PLAT) A DISTANCE OF 2761.39 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7 (ALSO BEING THE NORTHWEST CORNER OF SAID BLOCK NUMBER 16; THENCE RUN N00°29'33"E, ALONG THE WEST LINE OF THE AFOREMENTIONED SECTION 6 (ALSO BEING THE WEST LINES OF BLOCK NUMBERS 17, 18, 19, AND 20 OF SAID PLAT) A DISTANCE OF 4910.88 FEET TO THE NORTHWEST CORNER OF SAID BLOCK NUMBER 20; THENCE RUN S89028'48"E ALONG THE NORTH LINE OF SAID BLOCK NUMBER 20, A DISTANCE OF 5371.84 FEET TO THE NORTHEAST CORNER OF SAID BLOCK NUMBER 20 (SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID SECTION 6; THENCE RUN S00044'40"W ALONG THE EAST LINE OF SAID SECTION 6 (ALSO BEING THE EAST LINES OF BLOCK NUMBERS 20, 19, 18, AND 17) A DISTANCE OF 5097.76 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6 (ALSO BEING SOUTHEAST CORNER OF SAID BLOCK NUMBER 17); THENCE RUN S00043'31"W ALONG THE EAST LINE OF SAID SECTION 7 (ALSO BEING THE EAST LINES OF SAID BLOCK NUMBERS 16 AND 15) A DISTANCE OF 2744.06 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 41,606,944 SQUARE FEET (955.164 ACRES) MORE OR LESS. Resolution No. 2019-158 CU 3201915497 Page 3 Parcel ID#: 1206-501-0017-000-5 Location: 6201 Minute Maid Road D. The approvals and authorizations granted by this Resolution are for the purpose to construct and operate a solar generation center within St. Lucie County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this operation to another entity or individual, a minor adjustment to the Conditional Use Permit shall be required. E. The approvals and authorizations granted by this Resolution shall expire on August 13, 2021 unless construction of the solar center has begun as described in Paragraph B above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. F. The Petitioner, Florida Power & Light Company, is advised as part of this Conditional Use Permit approval for FPL Pelican Solar Energy Center, the Petitioner shall obtain all applicable development permits and construction authorizations from the appropriate state and federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources prior to the commencement of any development activities on the property described in Paragraph B. Issuance of this permit by the County does not in any way create any rights on the part of the Petitioner to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the Petitioner fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. G. The conditions set forth in Paragraph B are an integral non severable part of the Conditional Use Permit approval granted by this Resolution. If any condition set forth in Paragraph B is determined to be invalid or unenforceable for any reason and the Petitioner declines to comply voluntarily with the condition, the Conditional Use Permit approval granted by this resolution becomes null and void. H. A copy of this resolution shall be attached to the Conditional Use Permit site plan drawings described in Paragraph B. which plan shall be placed on file with the Planning and Development Services Department. I. This Order shall become effective upon the date indicated below. An appeal from the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 1111.11.021, of the St. Lucie County Land Development Code. Resolution No. 2019-158 CU 3201915497 Page 4 J. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Linda Bartz, Chair AYE Cathy Townsend, Vice -Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Sean Mitchell AYE I Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 13th day of August, 2019. ATTEST: Page 5 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATT RNEY Resolution No. 2019-158 CU 3201915497 Exhibit "A" Location Map Resolution No. 2019-158 CU 3201915497 Page 6